Asthma decisions — 2014

The VA determined that the Veteran's cause of death, massive ischemic bowel disease and coronary artery disease (CAD), was not related to his military service. The Board found no evidence linking these conditions to service or any presumptive exposure.

The Veteran's freestanding claim for an effective date earlier than July 9, 1991, for the grant of service connection for asthma must be dismissed due to procedural issues.

The Board denied the appellant's claim for recognition as a helpless child due to permanent incapacity for self-support prior to age 18, finding that new and material evidence had not been submitted.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before a Veterans Law Judge.

The Veteran's cause of death was a cerebrovascular event, which the VA examiner opined is not likely caused by his service-connected disabilities. The Board therefore denied the claim for service connection for the cause of the Veteran's death.

The Veteran's bronchial asthma and cardiomyopathy and congestive heart failure are service-connected, with the latter condition being attributed to aggravation of a pre-existing disability.

The Board denied the Veteran's petition to reopen his claim of service connection for asthma, finding that new and material evidence was not received due to a prohibition against service connection based on tobacco use in service starting from June 9, 1998.

The Veteran's claims for service connection and effective date of Dependents' Educational Assistance (DEA) under 38 U.S.C.A. Chapter 35 were denied as there was no evidence to support earlier effective dates than October 11, 2005.

The Veteran's service-connected conditions do not render her unable to secure or follow a substantially gainful occupation.

The Board has determined that the Veteran's currently diagnosed respiratory disorders are not related to service, and thus denied his claim for service connection.

The Veteran's appeal is being remanded for a videoconference hearing before the RO. The issues of service connection for asthma and hearing loss are still pending.

The Board finds that the Veteran does not have sinusitis or asthma that were incurred in service, and therefore denies both claims.

The Veteran's asthma has been granted a 60 percent evaluation from February 11, 2003 to February 26, 2004. The remaining claims have been denied.

The Veteran's diabetes mellitus and right wrist disability are rated at the maximum levels allowed by law. The left wrist disorder, asthma, and skin disability claims have been granted.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for asthma. The Veteran is entitled to service connection for asthma because the evidence satisfactorily establishes that the claimed disability originated during his period of active service.

The Veteran's service-connected degenerative disc disease status post lumbar surgery with scar is productive of severe pain and limited motion, warranting a 40 percent rating effective August 1, 2008.

The Veteran's service connection claim for obstructive sleep apnea is granted. The Board finds that the evidence supports a finding of in-service onset and nexus to service.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining medical records and providing VA examinations.

The Veteran's service-connected asthma has necessitated intermittent courses of systemic corticosteroids, and his FEV-1 was less than 40 percent predicted or FEV-1/FVC less than 40 percent at least once during the appeal period. The Board finds that a rating of 60 percent is warranted for this condition.

The Veteran's asthma was manifested by an FEV-1 of less than 56 percent predicted and required intermittent use of systemic corticosteroids, warranting a 60% disability rating.